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Patna High CourtCR. MISC./68312/2023bail granted

Firoj Ansari v. The State Of Bihar

2023-11-02Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68312 of 2023 Arising Out of PS. Case No.-321 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== FIROJ ANSARI S/O GANI ANSARI R/O VILLAGE-NAGAR PANCHAYAT WARD NO.-3, P.S.-SURSAND, DISTRICT-SITAMARHI. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sursand P.S. Case No. 321 of 2023, registered for the offences punishable under Sections 323, 324, 327, 347, 354, 307, 379, 504, 506/34 of the Indian Penal Code.

3. Allegedly, in the backdrop of a land dispute, an altercation took place between the parties and in consequence thereof, the accused persons abused and assaulted the informant and his wife with Farsa and Khanti as a result of which, the informant's wife fell on the ground and became unconscious.

4. Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he has falsely been implicated in the present case. There is an admitted land dispute

Patna High Court CR. MISC. No.68312 of 2023(2) dt.02-11-2023 2/2 between the parties. He has further submitted that on similar footing, the co-accused, Safina Khatoon has been granted bail. He has also submitted that only one injury has been found on the person of wife of the informant which was grievous in nature but it has not specifically been attracted to any of the accused persons. The allegations against them are general and omnibus.

5. Learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sitamarhi in connection with Sursand P.S. Case No. 321 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. It is made clear that the petitioner shall appear physically on each and every date fixed by the trial court and if he fails to do so on two consecutive dates, the learned court below shall be at liberty to cancel the bail bond lof the petitioner.

(Nawneet Kumar Pandey, J) A.K.V.//- U T